16-1701.   Poultry production contracts; requirements;violations; remedies.(a) As used in this section: (1) "Contractor" means apersonwhoowns poultry thatisraised or cared for by a poultry producer;

      (2)   "poultry" means posthatched to finished live chickens or turkeys that areraised by a poultry producer for slaughter by another;

      (3)   "poultry producer" means any individual or group of individuals thatraise or care for live poultry for slaughter by another under terms of awritten production contract;

      (4)   "production contract" means any written agreement thatprovides for the raising and care of poultry by a poultry producer for acontractor; and

      (5)   "production" means to raise and care for poultry under theterms of a poultry production contract.

      (b)   Poultry production contracts shall: (1) Be written in a readable form andshall be accompanied by a clearly written disclosure statement setting forththenature of the material risks faced by the poultry producer if the poultryproducer enters into such poultry production contract;

      (2)   be negotiated and entered into in an environment free from unfair ordeceptive trade practices or other violations of law;

      (3)   not require disclosure of trade secrets and not be contrary to theuniform tradesecrets act, K.S.A. 60-3320 et seq., and amendments thereto;

      (4)   not require poultry producers to reveal intellectual propertyrights nor disclose personal financial information or production practices;

      (5)   not prohibit nor discourage poultry producers from associatingwith other poultry producers to compare contract terms or addressconcerns or problems;

      (6)   not prohibit nor discourage poultry producers from seekingprofessional, legal, financial and agricultural production advice and counselrelated to production contract terms, obligations and responsibilities;

      (7)   not allow a contractor to terminate any poultry production contract witha poultry producer that has complied with the provisions of thepoultry production contract; and

      (8)   not deny poultry producers of the ability to address a dispute in theKansas courts. The poultry production contract may contain a provision to havethe option of submitting any dispute arising under a poultry productioncontract to arbitration.

      (c)   Any provision of a poultry production contract which violates theprovisions of subsection (b) is void and unenforceable. This subsection shallnot affect other provisions of a poultry production contract, including acontract or related document, policy or agreement which can be given effectwithout the voided provision.

      (d)   A poultry producer who suffers damages because of a contractor'sviolation of the provisions of subsection (b) may obtain appropriate legal andequitable relief, including, but not limited to, injunctive relief and punitivedamages, as provided in K.S.A. 60-3702, and amendments thereto. In such a civilaction against thecontractor, thecourt may award the poultry producer who is the prevailing party,reasonable attorney fees and other litigation expenses.

      History:   L. 2002, ch. 95, § 1; May 2.